Supreme Court dismisses one of two travel ban cases as moot

10.12.17

As discussed in ourImmigration Dispatchof September 26, President Trump recently issued a broader, more nuanced travel ban Proclamation to replacethe March 6 travel ban, most of which expired on September 24. At the time, two cases challenging the March 6 travel ban were scheduled to be heard by the U.S. Supreme Court. After President Trump issued the Proclamation, the Court cancelled oral argument and directed the parties to submit briefs on whether the Proclamation rendered moot the challenges to the March 6 travel ban.

On Tuesday, the Courtdismissed as mootone of the two pending cases before it. The case ofTrump v. International Refugee Assistancefrom the U.S. Court of Appeals for theFourth Circuit, has been dismissed, andthe Fourth Circuit decisionhas been vacated. The Fourth Circuit case challenged only the non-refugee provisions of the March 6 travel ban.

The Court has yet to rule on the other case –Trump v. Hawaii, from the U.S. Court of Appeals for theNinth Circuit. That case included a challenge to the refugee provisions of the March 6 travel ban, which remain in effect until October 24.